BRADEN v. SCHOFIELD

No. 16-2358-JDT-tmp.

DERRICK RANARD BRADEN, Plaintiff, v. DERRICK SCHOFIELD, ET AL., Defendants.

United States District Court, W.D. Tennessee, Western Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Derrick Ranard Braden, Plaintiff, Pro Se.


ORDER CERTIFYING THE APPEAL IS NOT TAKEN IN GOOD FAITH AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

JAMES D. TODD, District Judge.

On February 10, 2017, the pro se prisoner Plaintiff, Derrick Ranard Braden, filed another ambiguous document which the Clerk construed as a third notice of appeal in this case. (ECF No. 21.) It appears Plaintiff may be attempting to appeal the Court's order of January 20, 2017 (ECF No. 20), denying his motion to make bi-weekly payments toward the filing fee as unnecessary. The Court of Appeals docketed the appeal on February 14, 2017. See Braden v. Schofield, No. 17-5172 (6th Cir.).

As this Court suggested in the order regarding Plaintiff's second notice of appeal in this case (ECF No. 18 at 2), it is not certain that Plaintiff realizes the additional "appeal requests" that he is filing are being treated as separate appeals in this case. In any event, the Court CERTIFIES that this third appeal is also frivolous and not taken in good faith; therefore, leave to appeal in forma pauperis is DENIED. If Plaintiff wishes to pursue this appeal, he must file a motion to proceed in forma pauperis in the Court of Appeals.

IT IS SO ORDERED.


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